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WV SB263
Bill
Status
2/12/2025
Primary Sponsor
Laura Wakim Chapman
Click for details
AI Summary
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Prohibits the Commissioner of Labor and State Fire Marshal from disqualifying applicants for initial licensure based on prior criminal convictions unless the crime directly and specifically relates to the profession's duties and would pose a direct, substantial public risk due to lack of rehabilitation
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Establishes mandatory factors licensing authorities must consider when evaluating criminal records, including nature and seriousness of the crime, time elapsed since conviction, relationship to job duties, and evidence of rehabilitation such as completed sentences, treatment programs, education, and employment history
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Bars disqualification based on criminal convictions if five years have passed since conviction or release from incarceration, the individual has no subsequent convictions, and the offense was not violent or sexual in nature
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Allows individuals without prior licenses to petition licensing authorities for a pre-determination of whether their criminal record would disqualify them, with a response required within 60 days
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Prohibits licensing authorities from requiring disclosure of or considering arrests not followed by conviction, and requires updates to licensure forms, public documents, and websites to explain these provisions
Legislative Description
Relating to use of criminal records as disqualification from authorization to practice particular profession
Professions and Occupations
Last Action
To Judiciary
3/11/2025